Insights
Wait! Does a variation clause allow suspension of construction work?
Imagine that you have put resources in place to commence work on a project, then at the last minute receive an email from the other …
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Without Prejudice Privilege – What is it, and when does it apply?
Picture this: A long-running dispute is finally nearing resolution. An offer is on the table, and you’ve just received an email marked “Without Prejudice.” Does …
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Termination for repeated late payment: Providence v Hexagon
Cashflow is critical in the construction industry. We commonly see situations where an Employer or Contractor repeatedly make late payments to their Contractor or Sub-Contractors, …
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Pay when paid clauses
Are ‘pay when paid’ clauses in construction contracts ever acceptable? ‘Pay when paid’ clauses seek to make payment to one party conditional on payment being …
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Construction Insolvency – What are the warning signs and how can you protect your position?
Insolvency of parties to construction contracts is not a new challenge to the construction industry, but recently it has become more prevalent. Often, if a …
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Omissions in Construction Contracts
Omission Impossible: When your work can be taken away and what you can do about it Having work omitted from your scope can be more …
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NEC Contracts
The NEC Construction and Engineering Contract The NEC contract continues to grow in popularity. You might be tendering for a project on the NEC form …
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JCT Contracts
Do you need advice or assistance in relation to a JCT contract? Have you been asked to sign a JCT contract, and you are unsure …
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Pay now and argue later, or else!
Failure to issue payment notices on time Contractors and sub-contractors should be familiar with the principle that if they apply for payment, then the employer …
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